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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3058   View pdf image (33K)
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3058 CONSTITUTIONAL CONVENTION OF MARYLAND [Jan. 2]

is a free choice, but if they want to or-
ganize, if they want to be active in union
affairs, they then can go into private em-
ployment and become just as active as they
want.

Now, I ask you, please, do not put this
wart on the nose of the beautiful woman
that we are trying to make this constitu-
tion like.

HHE PRESIDENT: Delegate Chabot.

DELEGATE CHABOT: Mr. Chairman,
Delegate Sherbow read section 1.17 in its
present form, stopped at one point and said
"et cetera." I am afraid the "et cetera" was
the most important provision. It was the
Scanlan amendment that we just added
making it very clear that the General As-
sembly can, if it sees fit in its wisdom,
enact exactly the same provision that Dele-
gate Sherbow would now have us put into
the constitution. I suggest, therefore, that
this does not add anything in terms of the
powers of the General Assembly. On the
other hand it clearly subtracts from the
powers of the General Assembly to handle
the matter because it does not permit the
General Assembly to make distinctions be-
tween different categories of employees.
Once again Delegate Sherbow indicated the
sort of employees whom many of us would
feel ought not to be permitted the right to
strike if they are governmental employees,
but many other people are governmental
employees. Whether we like it or not, gov-
ernment — federal, state, municipalities — is
creeping more and more into our lives and
more and more people are employed by
levels of government in all sorts of ca-
pacities which were formerly considered to
be the type of employment characterized
as private employment. All of those people
without exception, notwithstanding the de-
sire of the General Assembly to make ap-
propriate distinctions, would be forbidden
to engage in any of the activities listed
here which include far more than the right
to strike.

I suggest, therefore, that this amend-
ment is the wart on the nose and this is
the amendment that ought to be defeated.

THE PRESIDENT: Does any other dele-
gate desire to speak in favor of the amend-
ment ?

Delegate Neilson.

DELEGATE NEILSON: Mr. Chairman,
I move the previous question.

THE PRESIDENT: Is there a second?
(The motion was duly seconded.)

THE PRESIDENT: The previous ques-
tion has been regularly moved.

The Clerk will ring the quorum bell.

All those in favor to order the previous
question signify by saying Aye; contrary,
No.

The Ayes have it. It is so ordered.

The question arises on the adoption of
Amendment No. 16 to Committee Recom-
mendations R&P-1 and R&P-2 as amended
by Report S&D-9. A vote Aye is a vote in
favor of the amendment. A vote No is a
vote against.

Cast your votes.
(Whereupon, a roll call vote was taken.)

THE PRESIDENT: Has every delegate
voted?

Delegate Boileau.

DELEGATE BOILEAU: Mr. President,
please record me as voting no.

THE PRESIDENT: Delegate Boileau
votes no.

Has every delegate now voted ? Does any
delegate desire to change his vote? The
Clerk will record the vote.

There being 43 votes in the affirmative
and 90 in the negative, the motion fails
and the amendment is rejected.

Delegate Jett, the Chair will, in a mo-
ment, recognize you to make your motion
to reconsider.

Is Delegate Grumbacher in the chamber?
(Tli ere was no response.)
Apparently he has just gone out.

Delegate Jett, you have indicated a de-
sire to move to reconsider the vote by
which Amendment No. 5 was rejected and
Delegate Grumbacher has indicated that he
intends thereafter to move the previous
question, I believe.

The Chair points out to you, to both of
you, that if there are no other amendments
to this section, the question arises on the
adoption of section 1.17 as amended. There-
fore this would be essentially the same as
if we voted on your motion to reconsider
and then again voted on the amendment
and then another time on the adoption of
the section. The same would apply to Dele-
gate Grumbacher's motion.

The Chair will recognize you if you de-
sire. I suggest to you that there is to be



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3058   View pdf image (33K)
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